In the UK, most of my lawyer friends would tell you that lawyering up is the last course of action you want to take, as it tends to make issues more complicated, expensive and combative, though you might want to be careful what you admit / agree to.
There's a huge difference between going to litigation and just asking a lawyer what your legal position is (which needn't take too long or be too expensive) so you know the rough shape of what your 'worst case' looks like. Most businesses are reasonable and willing to do what's 'fair' even if that goes beyond what they might be legally required to do because employee goodwill is worth a lot to them and the cost to them of litigation is also high. But they will also have an idea of what their legal position is and that will inform their idea of what 'fair' is. A good lawyer will tell you what they'd expect you to be able to negotiate commercially and tell you to try that first.
Your employer doesn't even need to know you consulted a lawyer.
I agree with all that, the question is whether or not you want to get your way or roll over. If you want to roll over you can do so without consulting anybody, if you want to get your way you will need to figure out what your options are going forward and that will include talking to a lawyer.
Roll over isn't the only alternative to lawyer. OP could always just say "no" and see what happens. Maybe lawyers come in to play eventually, maybe they don't.
See that's why you talk to a lawyer first. They could let you know what the possible forks of 'see what happens' are. There might be angles there that are detrimental to the OP and it would be good to be aware of those up front before doing things that can't be undone, such as saying 'no'.
* OP is in the wrong and employer can't afford to pursue further. OP loses a lot of reputation as word spreads.
* OP is in the wrong and employer can't afford to pursue now. Five years down the line, when Oracle acquires employer, OP is sued for five years of damages.
* OP is in the right, but employer's lawyer crafts a very intimidating and compelling legal letter. OP backs down, having blown the relationship with the lawyer, loses rights, and is fired two months later.
It's helpful to be able to say "no" with conviction if one is right, or not press an issue if one is wrong.
It's not "lawyering up" but understanding the options available to you, your rights in the situation, and the potential consequences of all of it. You never even have to tell anyone that you spoke to an attorney.
> lawyering up is the last course of action you want to take, as it tends to make issues more complicated, expensive and combative
Not sure if the incentives are the same in the UK, but in the US, most lawyers retained in matters like this work for the client.
In that lawyers advise, the client decides, and then the lawyers attempt to realize the goal the client has chosen (if they decide to keep working for them).
Most people in the US seem to look at legal counsel as "Do what the lawyer says," when it's actually "listen to what the lawyer says, ask about alternatives, and then choose the course you want to take."
Or as I've heard it explained: a lawyer's default is to counsel the courses of action that will allow them to win a hypothetical jury trial two years from now.
When in reality, most things never get there, and some optimal courses of action for trial are antagonistic in a pre-trial context.
I mean you're right, but just stating your position usually actually makes this sort of stuff go away before anyone involves a lawyer, regardless of what the law (or precedence, as tends to be more important in the UK) suggests.
For the record, I've used solicitors before and it was a ball-ache. The first thing they tell you is the judges want you to have at least made an attempt at discourse before you can go to court.
> In the UK, most of my lawyer friends would tell you that lawyering up is the last course of action you want to take, as it tends to make issues more complicated, expensive and combative, though you might want to be careful what you admit / agree to.
In the UK you're entitled to 1 hour of free legal aid, so it's hardly expensive to consult with one who can direct you to the right person and place.
That really depends on how you define "lawyering up" - I'm not saying he should hire a lawyer and run all communications with his company through the lawyer moving forward. I'm just saying have a conversation with someone who understands the legal issues at hand here, then make an educated decision on how to proceed. He can always still have a friendly negotiation with his company after talking to a lawyer.
In the UK, most of my lawyer friends would tell you that lawyering up is the last course of action you want to take, as it tends to make issues more complicated, expensive and combative, though you might want to be careful what you admit / agree to.
My wifes a solicitor. :)